Agenda and draft minutes

Resolved:  That Councillor Boyce be appointed to Chair the meeting.

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were asked to declare any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests which they may have in respect of business on the agenda. None were declared.

To approve and sign the minutes of Licensing Hearings held on 11 October 2018 and 10 January 2019.

Resolved: That the minutes of Licensing Hearings held on 11 October 2018 and 10 January 2019 be approved and then signed by the chair as a correct record.

Members considered an application by Tyrone O'Dwyer for a Premises Licence [Section 18(3)(a)] in respect of Stone Roses Bar, 4 King Street, York, YO1 9SP. 

In considering the application and the representations made, the Sub-Committee concluded that the following licensing objectives were relevant to this Hearing:

1.           The prevention of crime and disorder

2.           The prevention of public nuisance

In coming to their decision, the Sub-Committee took into consideration all the evidence and submissions that were presented, and determined their relevance to the issues raised and the above licensing objectives, including:

1.           The application form.

2.           The Licensing Manager’s report and her comments given at the Hearing. The Licensing Manager outlined the report noting the operating hours applied for and the information contained within the annexes to the report. She gave an overview of previous licence applications for the premises and the reason for the licence lapse. She advised that additional information had been submitted by the Solicitor on behalf of the applicant, which had been circulated around all parties prior to the Hearing. She advised that the premises was located in the Cumulative Impact Zone (CIZ) and that consultation had been carried out correctly. She explained that representations had been received from North Yorkshire Police, from City of York Licensing Authority and from City of York Council Public Protection (Environmental Protection), and she added that there had been no relevant representations received from other interested parties. She noted that there were no planning issues in relation to the application. She ended by outlining the 4 options available to the Sub-Committee.

The Licensing Manager clarified that:

·        The reference to late night refreshments included in the proposed activities included hot drinks such as tea and coffee.

·        The application was to be treated as a new grant.

·        There had been no representations in relation to the 2014 application from North Yorkshire Police.

Leo Charalambides, Barrister on behalf of the Applicant, made submissions that there were contained in the Report relating to Licensing Policy. Specifically, he referred to: 

·        Paragraph 19 and 21 of the Licensing Manager’s report.

·        Point 4 (under heading ‘Effects of the Special Policy’) in the City Centre Special Policy Statement (Annex 3 of the Licensing Manager’s report).

·        The final paragraph of the section of the Grounds for Relevant Representation in the North Yorkshire Police Notice of Relevant Representation for a Premises License under the Licensing Act 2003 (Annex 4 of the Licensing Manager’s report).

·        Point 8 of the Statement of Police Inspector Godfrey, North Yorkshire Police (Appendix 1 of the additional information provided by North Yorkshire Police)

Mr Charalambides asserted that the understanding of the Licensing Policy was being advanced on the wrong footing and he asked that the factual context be taken into account, as outlined in the additional information that had been submitted by the Solicitor on behalf of the applicant.

Following consideration of the points put forward by Mr Charalambides, the City of York Council Senior Solicitor clarified that the Sub-Committee would consider the application  ...  view the full minutes text for item 9.